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IMPERIAL MERCHANT SERVICES, INC. v. HUNT

No. 07-15976.

580 F.3d 893 (2009)

IMPERIAL MERCHANT SERVICES, INC., a California corporation doing business as Check Recovery Systems, Plaintiff-Appellant, v. Brady G. HUNT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted for Decision September 1, 2009.

Filed September 1, 2009.

Attorney(s) appearing for the Case

Clark Garen, Esq., Attorney, Law Offices of Clark Garen, Palm Springs, CA, for Imperial Merchant Services, Inc., plaintiff-appellant.

Paul S. Arons, Esq., Attorney, Law Offices of Paul S. Arons, Friday Harbor, WA; Irving L. Berg, Esq., Attorney, The Berg Law Group, Corte Madera, CA; O. Randolph Bragg, Esq., Attorney, Horowitz Horowitz & Associates, Ltd, Chicago, IL, for Brady G. Hunt, defendant-appellee.

Before: STEPHEN S. TROTT and SIDNEY R. THOMAS, Circuit Judges, and MICHAEL R. HOGAN, District Judge.

PER CURIAM:

Imperial Merchant attempted to recover both a service charge, pursuant to section 1719 of the California Civil Code, and pre-judgment interest, pursuant to section 3287 of the California Civil Code, on a returned check. The district and bankruptcy courts concluded that the remedies were exclusive and that Imperial Merchant could not recover damages under both statutes.

We certified that state law issue to the Supreme Court of California, stayed...

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